Kane v R (CRI/APN/14/2000; MASERU CR/848/2000) [2000] LSCA 147 (23 August 2000)

Kane v R (CRI/APN/14/2000; MASERU CR/848/2000) [2000] LSCA 147 (23 August 2000)

The facts as outlined by the prosecutor did not connect the applicant with the commission of the offence charged; therefore, it is unsafe to let the conviction and sentence stand and they are set aside.

Citation
[2000] LSCA 147
Parties
Applicant: Thabiso Kane; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
23 August 2000
Case Number
CRI/APN/14/2000 ; MASERU CR/848/2000
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Out of Time and Bail Pending Appeal
Outcome
conviction and sentence set aside; applicant released
Legal Topics
Guilty Plea, Housebreaking, Theft, Appeal Out of Time, Bail Pending Appeal, Admissibility of Facts
Source Language
English
Criminal Law Criminal Procedure Guilty Plea Housebreaking Theft Appeal Out of Time Bail Pending Appeal Admissibility of Facts

Case Brief

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Parties

Thabiso Kane

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Out of Time and Bail Pending Appeal

Legal Issues

  1. 1 Whether the facts outlined by the prosecutor disclosed the commission of the offence charged
  2. 2 Whether the accused was properly connected to the offence
  3. 3 Whether the conviction and sentence should stand given the facts and procedure

Ratio Decidendi

The facts as outlined by the prosecutor did not connect the applicant with the commission of the offence charged; therefore, it is unsafe to let the conviction and sentence stand and they are set aside.

Court Disposition

conviction and sentence set aside; applicant released

Orders

  • Applicant's conviction and sentence are set aside
  • Applicant is to be released